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OAKLAND, Calif. (Legal Newsline) – Class action lawyers have hit a major snag in their lawsuit that claims Clorox’s marketing of its bleach gel product misled customers into thinking it is suitable for disinfecting.
Oakland, Calif., federal court judge Phyllis Hamilton on Jan. 21 threw out the case but will give plaintiffs lawyers a shot to file an amended complaint that fixes the original’s problem, though she is “skeptical” that can be done.
Attorneys at Levinson Stockton, Telfer Faherty and Wright Law Office are pursuing the case but encountered Clorox’s “read the label” defense last year.
“The Splash-Less label at issue, in contrast to the Regular-Bleach label, made no disinfection or sanitization claim dooming plaintiff’s theory that Clorox affirmatively misrepresented the properties of the Splash-Less product,” the company’s motion to dismiss said.